P. v. Descano CA1/4
Defendant Vincent James Descano appeals from an order denying his petition for resentencing under Health and Safety Code section 11361.8 (Proposition 64),
pursuant to Penal Code section 1170.18, which was enacted as part of Proposition 64. Appellate counsel has raised no issues and asks this court for an independent review of the record to determine whether there are any issues that would, if resolved favorably to defendant, result in reversal or modification of the judgment. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was notified of his right to file a supplemental brief, but has not done so. We directed the parties to file supplemental briefing concerning whether the trial court erred in considering the facts of defendant’s counts that had been dismissed pursuant to a Harvey waiver.
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